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In a Term Full of Major Cases, the Supreme Court Tacked to the Center In a Term Full of Major Cases, the Supreme Court Tacked to the Center
(30 minutes later)
WASHINGTON — In an era of stark partisan polarization, Chief Justice John G. Roberts Jr. steered the Supreme Court toward the middle, doling out victories to both left and right in the most consequential term in recent memory.WASHINGTON — In an era of stark partisan polarization, Chief Justice John G. Roberts Jr. steered the Supreme Court toward the middle, doling out victories to both left and right in the most consequential term in recent memory.
The term, which ended Thursday, included rulings that will be taught to law students for generations — on presidential power and on the rights of gay and transgender workers. The court turned back an effort to narrow abortion rights, and it protected young immigrants known as Dreamers.The term, which ended Thursday, included rulings that will be taught to law students for generations — on presidential power and on the rights of gay and transgender workers. The court turned back an effort to narrow abortion rights, and it protected young immigrants known as Dreamers.
It expanded the role of religion in public life, and it cut back on the power of independent agencies. It took steps to prevent chaos when the Electoral College meets after the presidential election. And it handed Native Americans their biggest legal victory in decades.It expanded the role of religion in public life, and it cut back on the power of independent agencies. It took steps to prevent chaos when the Electoral College meets after the presidential election. And it handed Native Americans their biggest legal victory in decades.
A term that included just two or three such decisions would stand out. The term that just ended was a buffet of blockbusters.A term that included just two or three such decisions would stand out. The term that just ended was a buffet of blockbusters.
It was also the term in which Chief Justice Roberts emerged as the member of the court at its ideological center, his vote the crucial one in closely divided cases, a role no chief justice has played since 1937. He was in the majority in all but one of the term’s 5-to-4 or 5-to-3 decisions.It was also the term in which Chief Justice Roberts emerged as the member of the court at its ideological center, his vote the crucial one in closely divided cases, a role no chief justice has played since 1937. He was in the majority in all but one of the term’s 5-to-4 or 5-to-3 decisions.
But the chief justice was not alone in guiding the court toward the center: The percentage of 5-to-4 rulings dropped to a little more than 20, down from an average of 30 in the previous two terms.But the chief justice was not alone in guiding the court toward the center: The percentage of 5-to-4 rulings dropped to a little more than 20, down from an average of 30 in the previous two terms.
Several major decisions were decided by 7-to-2 votes, including ones on subpoenas for President Trump’s financial records and the rights of religious employers. In some ways, the most prominent losers this term were the members of the court on its far right (Justices Clarence Thomas and Samuel A. Alito Jr.) and far left (Justices Ruth Bader Ginsburg and Sonia Sotomayor). They were the least likely to be in the majority in divided cases.Several major decisions were decided by 7-to-2 votes, including ones on subpoenas for President Trump’s financial records and the rights of religious employers. In some ways, the most prominent losers this term were the members of the court on its far right (Justices Clarence Thomas and Samuel A. Alito Jr.) and far left (Justices Ruth Bader Ginsburg and Sonia Sotomayor). They were the least likely to be in the majority in divided cases.
Chief Justice Roberts, 65, is a work in progress.Chief Justice Roberts, 65, is a work in progress.
“This is the term where those of us who thought we understood John Roberts came to understand that we didn’t,” said Irv Gornstein, the executive director of Georgetown’s Supreme Court Institute. “I know some are already spinning out theories to explain how his votes fit into a coherent judicial philosophy. But as it was happening, it was one shock after another.”“This is the term where those of us who thought we understood John Roberts came to understand that we didn’t,” said Irv Gornstein, the executive director of Georgetown’s Supreme Court Institute. “I know some are already spinning out theories to explain how his votes fit into a coherent judicial philosophy. But as it was happening, it was one shock after another.”
In a two-week stretch last month, for instance, Chief Justice Roberts voted with the court’s four-member liberal wing in cases on abortion, the Dreamers and job protections for L.G.B.T.Q. workers.In a two-week stretch last month, for instance, Chief Justice Roberts voted with the court’s four-member liberal wing in cases on abortion, the Dreamers and job protections for L.G.B.T.Q. workers.
The trend is clear, said Lee Epstein, a law professor and political scientist at Washington University in St. Louis. “He is drifting left at a statistically significant rate — and at a rate roughly resembling Souter’s liberal turn in the 1990s,” she said.The trend is clear, said Lee Epstein, a law professor and political scientist at Washington University in St. Louis. “He is drifting left at a statistically significant rate — and at a rate roughly resembling Souter’s liberal turn in the 1990s,” she said.
Justice David H. Souter, who was appointed in 1990 by President George Bush, soon emerged over his two decades on the court as a leading member of its liberal wing, much to the distress of his conservative sponsors.Justice David H. Souter, who was appointed in 1990 by President George Bush, soon emerged over his two decades on the court as a leading member of its liberal wing, much to the distress of his conservative sponsors.
Chief Justice Roberts dissented only twice in the entire term, in cases on unanimous juries and Native American jurisdiction over eastern Oklahoma. Put another way, he was in the majority in divided decisions at a higher rate than any chief justice since at least 1953. That and other conclusions in this article are drawn from data compiled by Professor Epstein, Andrew D. Martin of Washington University and Kevin Quinn of the University of Michigan.Chief Justice Roberts dissented only twice in the entire term, in cases on unanimous juries and Native American jurisdiction over eastern Oklahoma. Put another way, he was in the majority in divided decisions at a higher rate than any chief justice since at least 1953. That and other conclusions in this article are drawn from data compiled by Professor Epstein, Andrew D. Martin of Washington University and Kevin Quinn of the University of Michigan.
The chief justice was in the majority in divided cases 94 percent of the time, trailed by Mr. Trump’s two appointees: Justice Brett M. Kavanaugh, who voted with the majority 89 percent of the time, and Justice Neil M. Gorsuch, who voted with it 83 percent of the time. Together, Professor Epstein said, those three justices make up the “soft middle” of the court.The chief justice was in the majority in divided cases 94 percent of the time, trailed by Mr. Trump’s two appointees: Justice Brett M. Kavanaugh, who voted with the majority 89 percent of the time, and Justice Neil M. Gorsuch, who voted with it 83 percent of the time. Together, Professor Epstein said, those three justices make up the “soft middle” of the court.
In divided cases, the chief justice voted with Justice Kavanaugh 89 percent of the time, and Justice Gorsuch 77 percent.In divided cases, the chief justice voted with Justice Kavanaugh 89 percent of the time, and Justice Gorsuch 77 percent.
Other rates of agreement were more striking. Chief Justice Roberts voted with Justice Elena Kagan, a member of the court’s liberal wing, 69 percent of the time. By contrast, he voted with Justice Alito 63 percent of the time — the same rate as with Justice Stephen G. Breyer, another liberal. And the chief justice voted with Justice Thomas just 54 percent of the time.Other rates of agreement were more striking. Chief Justice Roberts voted with Justice Elena Kagan, a member of the court’s liberal wing, 69 percent of the time. By contrast, he voted with Justice Alito 63 percent of the time — the same rate as with Justice Stephen G. Breyer, another liberal. And the chief justice voted with Justice Thomas just 54 percent of the time.
Over all, Chief Justice Roberts’s rate of agreement with Democratic appointees was 61 percent, up from 44 percent in the previous term.Over all, Chief Justice Roberts’s rate of agreement with Democratic appointees was 61 percent, up from 44 percent in the previous term.
Mr. Trump has had a bad run at the court over his time in office, becoming the first president since Franklin D. Roosevelt whose administration lost more cases than it won.Mr. Trump has had a bad run at the court over his time in office, becoming the first president since Franklin D. Roosevelt whose administration lost more cases than it won.
The result was that a court dominated by five Republican appointees, including two named by Mr. Trump, disappointed conservatives at a notable rate. “This term spectacularly frustrated the conservative ambition to transform the Supreme Court into the G.O.P.’s lap dog,” said Justin Driver, a law professor at Yale.The result was that a court dominated by five Republican appointees, including two named by Mr. Trump, disappointed conservatives at a notable rate. “This term spectacularly frustrated the conservative ambition to transform the Supreme Court into the G.O.P.’s lap dog,” said Justin Driver, a law professor at Yale.
The court did its work in the middle of a pandemic, hearing arguments by telephone and allowing live audio coverage, both firsts. It typically ends its term in late June, but this year it issued its last decisions in July, which has not happened since 1996.The court did its work in the middle of a pandemic, hearing arguments by telephone and allowing live audio coverage, both firsts. It typically ends its term in late June, but this year it issued its last decisions in July, which has not happened since 1996.
The court postponed arguments in 10 cases to the term that starts in October, and it decided just 53 argued cases with signed opinions, the smallest number since the 1860s. During the Spanish flu epidemic in the term that started in 1918, the court also postponed arguments but nonetheless decided 163 cases, or more than three times as many as the current court.The court postponed arguments in 10 cases to the term that starts in October, and it decided just 53 argued cases with signed opinions, the smallest number since the 1860s. During the Spanish flu epidemic in the term that started in 1918, the court also postponed arguments but nonetheless decided 163 cases, or more than three times as many as the current court.
It was hardly a uniformly liberal term. Eight of the 12 closely divided cases featured the classic lineup, with the five Republican appointees in the majority. In two, on abortion and immigration, Chief Justice Roberts voted with the four Democratic appointees. In one, on Native American rights, Justice Gorsuch voted with them. (In the last 5-to-4 decision, in a copyright case, the alliances were scrambled.)It was hardly a uniformly liberal term. Eight of the 12 closely divided cases featured the classic lineup, with the five Republican appointees in the majority. In two, on abortion and immigration, Chief Justice Roberts voted with the four Democratic appointees. In one, on Native American rights, Justice Gorsuch voted with them. (In the last 5-to-4 decision, in a copyright case, the alliances were scrambled.)
Updated July 7, 2020 Updated July 15, 2020
The coronavirus can stay aloft for hours in tiny droplets in stagnant air, infecting people as they inhale, mounting scientific evidence suggests. This risk is highest in crowded indoor spaces with poor ventilation, and may help explain super-spreading events reported in meatpacking plants, churches and restaurants. It’s unclear how often the virus is spread via these tiny droplets, or aerosols, compared with larger droplets that are expelled when a sick person coughs or sneezes, or transmitted through contact with contaminated surfaces, said Linsey Marr, an aerosol expert at Virginia Tech. Aerosols are released even when a person without symptoms exhales, talks or sings, according to Dr. Marr and more than 200 other experts, who have outlined the evidence in an open letter to the World Health Organization.The coronavirus can stay aloft for hours in tiny droplets in stagnant air, infecting people as they inhale, mounting scientific evidence suggests. This risk is highest in crowded indoor spaces with poor ventilation, and may help explain super-spreading events reported in meatpacking plants, churches and restaurants. It’s unclear how often the virus is spread via these tiny droplets, or aerosols, compared with larger droplets that are expelled when a sick person coughs or sneezes, or transmitted through contact with contaminated surfaces, said Linsey Marr, an aerosol expert at Virginia Tech. Aerosols are released even when a person without symptoms exhales, talks or sings, according to Dr. Marr and more than 200 other experts, who have outlined the evidence in an open letter to the World Health Organization.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles.Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles.
A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
Justice Gorsuch drew fire from the right for his majority opinion in Bostock v. Clayton County, Ga., ruling that a landmark federal civil rights law protects L.G.B.T.Q. workers. The court’s four-member liberal wing and the chief justice joined his opinion in the 6-to-3 decision.Justice Gorsuch drew fire from the right for his majority opinion in Bostock v. Clayton County, Ga., ruling that a landmark federal civil rights law protects L.G.B.T.Q. workers. The court’s four-member liberal wing and the chief justice joined his opinion in the 6-to-3 decision.
The retirement in 2018 of Justice Anthony M. Kennedy, who wrote the majority opinions in all four of the earlier landmark gay rights decisions, had made that outcome uncertain.The retirement in 2018 of Justice Anthony M. Kennedy, who wrote the majority opinions in all four of the earlier landmark gay rights decisions, had made that outcome uncertain.
“With Justice Kennedy’s departure, some court watchers justifiably feared that the movement toward accepting gay equality would stall, or perhaps even be reversed,” Professor Driver said. “Instead, in a historic decision, the court redoubled its egalitarian efforts and even afforded protection to the trans community. Until quite recently, such a decision would have been unfathomable.”“With Justice Kennedy’s departure, some court watchers justifiably feared that the movement toward accepting gay equality would stall, or perhaps even be reversed,” Professor Driver said. “Instead, in a historic decision, the court redoubled its egalitarian efforts and even afforded protection to the trans community. Until quite recently, such a decision would have been unfathomable.”
Justice Gorsuch’s opinion employed textualism, the mode of statutory interpretation that looks to the words of the law under consideration rather than the intentions of the lawmakers who voted for it.Justice Gorsuch’s opinion employed textualism, the mode of statutory interpretation that looks to the words of the law under consideration rather than the intentions of the lawmakers who voted for it.
Professor Gornstein said the reaction from the right was telling.Professor Gornstein said the reaction from the right was telling.
“Rather than celebrating the opinion as the high-water mark for textualism,” he said, “the conservative reaction has been to excoriate Justice Gorsuch as a betrayer of the conservative cause, leading to this question: Do conservatives want a justice who will follow the judicial method favored by conservatives, or do they want a justice who uses all the tools available to reach conservative policy results?”“Rather than celebrating the opinion as the high-water mark for textualism,” he said, “the conservative reaction has been to excoriate Justice Gorsuch as a betrayer of the conservative cause, leading to this question: Do conservatives want a justice who will follow the judicial method favored by conservatives, or do they want a justice who uses all the tools available to reach conservative policy results?”
Sarah Harrington, a Supreme Court specialist with Goldstein & Russell, said Chief Justice Roberts has exerted a moderating influence on colleagues inclined to lurch right.Sarah Harrington, a Supreme Court specialist with Goldstein & Russell, said Chief Justice Roberts has exerted a moderating influence on colleagues inclined to lurch right.
“I think we can expect that he will oversee a general shift toward more conservative rulings over time,” she said, “but he continues to pump the brake on that shift, adhering for now to recent precedent and requiring the federal government to follow administrative-law rules in order to implement its conservative policy agenda.”“I think we can expect that he will oversee a general shift toward more conservative rulings over time,” she said, “but he continues to pump the brake on that shift, adhering for now to recent precedent and requiring the federal government to follow administrative-law rules in order to implement its conservative policy agenda.”
An example of adherence to recent precedent was the chief justice’s vote in the 5-to-4 decision to strike down a Louisiana law on the ground that the court had invalidated the identical law from Texas just four years before.An example of adherence to recent precedent was the chief justice’s vote in the 5-to-4 decision to strike down a Louisiana law on the ground that the court had invalidated the identical law from Texas just four years before.
An example of requiring the government to follow administrative law principles was Chief Justice Roberts’s majority opinion in a 5-to-4 decision rejecting the Trump administration’s justifications for trying to shut down a program protecting the Dreamers.An example of requiring the government to follow administrative law principles was Chief Justice Roberts’s majority opinion in a 5-to-4 decision rejecting the Trump administration’s justifications for trying to shut down a program protecting the Dreamers.
The court was exceptionally active in cases involving religious institutions, siding with them three times in a row. The court ruled that state programs supporting private schools must include religious ones, that the Trump administration could allow employers with religious objections to deny contraception coverage to female workers and that employment discrimination laws do not apply to many teachers at religious schools.The court was exceptionally active in cases involving religious institutions, siding with them three times in a row. The court ruled that state programs supporting private schools must include religious ones, that the Trump administration could allow employers with religious objections to deny contraception coverage to female workers and that employment discrimination laws do not apply to many teachers at religious schools.
Not all of the court’s actions are reflected in data on argued cases. The justices have also ruled on a series of emergency applications, some prompted by the pandemic. Chief Justice Roberts joined the court’s four liberals, for instance, in a 5-to-4 order rejecting a California church’s challenge to the state’s shutdown policies.Not all of the court’s actions are reflected in data on argued cases. The justices have also ruled on a series of emergency applications, some prompted by the pandemic. Chief Justice Roberts joined the court’s four liberals, for instance, in a 5-to-4 order rejecting a California church’s challenge to the state’s shutdown policies.
But he twice joined his conservative colleagues in similar orders making it harder to vote in Wisconsin and Texas. “When it comes to state efforts to suppress the vote,” Professor Gornstein said, “the chief continues to vote in lock step with the rest of the right.”But he twice joined his conservative colleagues in similar orders making it harder to vote in Wisconsin and Texas. “When it comes to state efforts to suppress the vote,” Professor Gornstein said, “the chief continues to vote in lock step with the rest of the right.”
Over all, though, Professor Epstein said, the court has provided a welcome contrast to the partisan turmoil around the nation.Over all, though, Professor Epstein said, the court has provided a welcome contrast to the partisan turmoil around the nation.
“This term, most justices — and Roberts, in particular — modeled centrist, nonpartisan behavior for the country,” she said. “The data show a decline in 5-4 decisions, more agreement across party lines and a roughly 50-50 split in liberal and conservative decisions. The big cases, too, went ‘one for you, one for me,’ which may help bolster the court’s legitimacy.”“This term, most justices — and Roberts, in particular — modeled centrist, nonpartisan behavior for the country,” she said. “The data show a decline in 5-4 decisions, more agreement across party lines and a roughly 50-50 split in liberal and conservative decisions. The big cases, too, went ‘one for you, one for me,’ which may help bolster the court’s legitimacy.”
Alicia Parlapiano contributed reporting.Alicia Parlapiano contributed reporting.